Criminal Action: Third Degree Sexual Assault of a Child, Second Offense

Action Taken by Trial Court: Following a jury trial, the appellant was convicted of the charged offense of third degree sexual assault of a child. At an enhancement hearing, the district court determined that the conviction was properly enhanced to a second offense. The district court then sentenced the appellant to 50 years to 50 years’ imprisonment with credit for time served.

Assignments of Error on Appeal: The appellant contends that the evidence was insufficient to support his conviction, the sentence imposed was an abuse of discretion, and his trial counsel was ineffective for failing to request that the district court judge recuse himself on the grounds that, prior to becoming a judge, the judge had previously represented Fuentes in a similar case.